State regulatory framework
Early Childhood Education and Care Services that fall outside the scope of the Education and Care Services National Law (South Australia) are defined as residual early childhood services. These services are identified as:
Part 3, section 16 of the Act prescribes that residual early childhood services are to be regulated through a modified application of the National Law and through service-specific regulations and standards. The modifications and exclusions of the National Law that pertain to residual early childhood services are listed in Schedule 2 of the Act, details of which can be found in: Exclusions & modifications to the Education and Care Services National Law.
The Education and Early Childhood Services (Registration and Standards) Regulations 2011 apply to residual early childhood services. The Board is in the process of developing further regulations for these services.
The Board has developed supporting documentation for new and existing residual early childhood service providers to assist with understanding the requirements of the existing Laws. For new service approvals the Information for New Residual Early Childhood Service Approvals outlines the approval process under the National Law as it applies to residual early childhood services. Residual ECS Understanding the Operational Requirements of the Law outlines the day-to-day operational requirements for each of the service types as described in the Education and Early Childhood Services (Registration and Standards) Regulations 2011.
Please click here to access residual early childhood services forms.
The Education and Early Childhood Services (Registration and Standards) Regulations 2011 apply the operational requirements of the Education and Care Services National Regulations (Chapter 4) to occasional and mobile care services. The Board is aware that some of these requirements are difficult for residual early childhood services to meet. For example, the staffing arrangements in Chapter 4 require services to employ or engage an early childhood teacher for a percentage of the time that the service operates, list minimum general educator qualifications and prescribe educator to child ratios. The following documentation provides supporting information about staffing arrangements that apply to residual early childhood services: Residual ECS – Supporting information relating to staffing arrangements.
The Board has been granted delegation from the Minister of Education and Child Development to exempt residual early childhood services or classes of services from certain provisions of the requirements in the Education and Care Services National Law and Regulations pursuant to section 20 (1) of the Act. To facilitate this, the Board has developed an exemption form that details the regulations available for exemption. Please note that:
- an exemption form must be completed for each individual approved service as it relates to the circumstances at that particular premises;
- exemptions are temporary and services are advised to continue to work towards meeting the requirements of the legislation;
- an exemption will be granted for a maximum period of up to 2 years and can be further extended for another 2 year period with consideration of the circumstances of each service at that time.